J. Molina Law Firm

Immigration Enforcement: Rights and Responsibilities

We know how confusing and intimidating immigration enforcement can be for many individuals. Whether you’re new to the United States or have lived here for years, understanding your rights and responsibilities during interactions with immigration officials is essential. Let’s break it down in simple terms so you can feel more confident and prepared.

What is Immigration Enforcement?

Immigration enforcement refers to the actions taken by agencies like U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) to enforce immigration laws. These agencies are responsible for preventing unlawful entry into the U.S., apprehending individuals who violate immigration laws, and overseeing detention and removal operations. While their authority is broad, they must still respect your legal rights.

Your Rights During Immigration Enforcement

If you encounter immigration officials, remember that you have rights regardless of your immigration status:

  • The Right to Remain Silent: You are not required to answer questions about your immigration status or where you were born. Simply state, “I wish to remain silent”
  • The Right to an Attorney: If you are detained, ask to speak with a lawyer before answering any questions or signing documents. Keep in mind that the government does not provide free lawyers for immigration cases, so it’s important to have legal support ready
  • At Home or Work: Immigration agents cannot enter your home without a valid warrant signed by a judge. Ask them to show the warrant through a window or under the door before letting them in.
  • If Detained: You have the right to contact your consulate and inform them of your detention. Keep copies of important immigration documents with someone you trust in case of emergencies.

Your Responsibilities

While knowing your rights is crucial, it’s equally important to fulfill your responsibilities:

  • Carry Your Documents: If you are over 18 and have valid immigration status, you are legally required to carry proof of that status at all times.
  • Stay Calm: Always remain calm and polite during interactions with immigration officials. Do not provide false information or resist arrest, as this could worsen your situation.
  • Seek Legal Advice: Before making any decisions about your case—especially if facing deportation—consult an experienced immigration attorney.

How We Can Help

At J. Molina Law Firm, we specialize in protecting the rights of immigrants and guiding them through legal processes. Whether you need advice after an encounter with ICE or are at risk of deportation we’re here for you. Contact us today for a consultation. 

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